MATTER OF WESTON


15 A.D.2d 410 (1962)

In the Matter of the Probate of The Will of Pauline S. Weston, Deceased. Sydney Weston, Respondent; Daphne Sterling et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 20, 1962.


Attorney(s) appearing for the Case

Daniel J. Madigan of counsel (Burton B. Turkus, attorney), for appellants.

Benjamin Heller of counsel (Leonard H. Bernstein with him on the brief; Harry H. Lipsig, attorney), for respondent.

BREITEL, J. P., RABIN, McNALLY and STEUER, JJ., concur in Memorandum; STEVENS, J., dissents in opinion.


MEMORANDUM BY THE COURT.

It appeared on the trial that the proponent was the husband of the testatrix. The latter had been a widow with two grown daughters. She was wealthy. The marital career was most extraordinary. These parties were twice divorced and twice remarried in the space of two years. Before the first marriage, proponent signed an antenuptial agreement stating that he was marrying for love alone and waiving all...

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